Ben Roberts-Smith Seeks High Court Appeal Over War Crimes Findings
Australia's most decorated soldier seeks to overturn findings of complicity in Afghan war crimes.
Ben Roberts-Smith, Australia's most decorated living soldier, has initiated proceedings in the High Court in a bid to overturn significant findings that he assisted in committing war crimes during his deployment in Afghanistan.
Roberts-Smith, a former Special Air Service corporal, submitted an application for special leave to appeal on Monday after a Federal Court ruling found him complicit in the murder of four Afghan prisoners.
Although his application has been lodged, it has not yet been formally accepted.
This legal battle has been ongoing for eight years as Roberts-Smith has engaged in a defamation suit against _The Age_ and _The Sydney Morning Herald_.
In a ruling delivered in 2023 by former Federal Court justice Anthony Besanko, Roberts-Smith's defamation claims were dismissed.
Justice Besanko determined, to the civil standard of proof, on the balance of probabilities, that Roberts-Smith was involved in the unlawful killings of four Afghan men between 2009 and 2012. The findings were subsequently upheld by the Full Court of the Federal Court on May 16, where Justices Nye Perram, Anna Katzmann, and Geoffrey Kennett ruled that the evidence presented was sufficient to support the initial conclusions drawn by Justice Besanko, particularly in regard to breaches of the rules of engagement governing the conduct of the SAS.
The case hinged on a particular allegation that in April 2009, Roberts-Smith shot a man who was identified as having a prosthetic leg outside a compound known as Whiskey 108.
The Full Court highlighted the unique circumstances of the case, stating, "The problem for [Roberts-Smith] is that, unlike most homicides, there were three eyewitnesses to this murder," emphasizing the rarity of such a situation with multiple independent witnesses.
Throughout the legal proceedings, Roberts-Smith has consistently maintained his innocence and indicated his intention to pursue a High Court appeal following the unfavorable judgment.
His defamation suit was initiated in 2018 against the aforementioned media outlets, along with _The Canberra Times_, which is now owned by a different entity.
The trial, which spanned 110 days, concluded in July 2022 and involved 41 witnesses and accrued legal costs nearing $30 million.
The subsequent appeal process incurred additional costs estimated at $4 million.
Roberts-Smith, a former Special Air Service corporal, submitted an application for special leave to appeal on Monday after a Federal Court ruling found him complicit in the murder of four Afghan prisoners.
Although his application has been lodged, it has not yet been formally accepted.
This legal battle has been ongoing for eight years as Roberts-Smith has engaged in a defamation suit against _The Age_ and _The Sydney Morning Herald_.
In a ruling delivered in 2023 by former Federal Court justice Anthony Besanko, Roberts-Smith's defamation claims were dismissed.
Justice Besanko determined, to the civil standard of proof, on the balance of probabilities, that Roberts-Smith was involved in the unlawful killings of four Afghan men between 2009 and 2012. The findings were subsequently upheld by the Full Court of the Federal Court on May 16, where Justices Nye Perram, Anna Katzmann, and Geoffrey Kennett ruled that the evidence presented was sufficient to support the initial conclusions drawn by Justice Besanko, particularly in regard to breaches of the rules of engagement governing the conduct of the SAS.
The case hinged on a particular allegation that in April 2009, Roberts-Smith shot a man who was identified as having a prosthetic leg outside a compound known as Whiskey 108.
The Full Court highlighted the unique circumstances of the case, stating, "The problem for [Roberts-Smith] is that, unlike most homicides, there were three eyewitnesses to this murder," emphasizing the rarity of such a situation with multiple independent witnesses.
Throughout the legal proceedings, Roberts-Smith has consistently maintained his innocence and indicated his intention to pursue a High Court appeal following the unfavorable judgment.
His defamation suit was initiated in 2018 against the aforementioned media outlets, along with _The Canberra Times_, which is now owned by a different entity.
The trial, which spanned 110 days, concluded in July 2022 and involved 41 witnesses and accrued legal costs nearing $30 million.
The subsequent appeal process incurred additional costs estimated at $4 million.
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